Fort Lauderdale Florida Nursing Homes Abuse Lawyers

Fort Lauderdale nursing home abuse attorneys have noticed a significant rise in the number of personal injury cases involving abuse and neglect in southeast Florida. Many of these criminal and civil cases involve serious injury or wrongful death caused by the neglectful actions of nursing home caregivers.

Of the more than 170,000 residents of Fort Lauderdale Florida enjoying the fresh tropical breezes of the Atlantic Ocean along the eastern seaboard, nearly 25,000 are senior citizens. The population has risen substantially over the last few decades as many more elderly individuals move to southeastern Florida to enjoy the warmer days of winter in a beautiful environment. However, the increasing numbers of retirees has placed a significant demand on nursing facilities all throughout the Miami and Fort Lauderdale area.

The increasing demand for skilled nursing care is so high that there are fewer nurses and nurses’ aides available to fill the opened positions, where the only option the nursing facility has is to overwork their existing staff beyond their capacity to provide good care. Unfortunately, nurses and nurses’ aides working long hours tend to diminish the quality of services the nursing home can provide, often to the detriment of the residents’ physical, mental and emotional health in the facility.

The nursing home neglect attorneys at Rosenfeld Injury Lawyers LLC provide valuable information gathered from publicly available data involving nursing facilities in the Ft. Lauderdale area. We post the information concerning opened investigations, filed complaints and safety concerns in nursing facilities, assisted-living homes and rehabilitation centers throughout southeast Florida. This information can assist families who are facing the undesirable task of placing a loved one in the hands of professional caregivers outside of their home.

Comparing Fort Lauderdale Area Nursing Facilities

The list below contains valuable information on nursing facilities in the Fort Lauderdale area that currently maintain a one or two stars rating out of five possible stars in the national Medicare.gov database. Many of the problems in these nursing homes were uncovered by state surveyors and investigators during routine surveys and unannounced inspections.

Information on Florida Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across Florida to give you an idea as to how cases are valued. Learn more about the cases below:

Failure to Follow Protocols When Admitting a Resident to the Facility by Failing to Obtain the Resident’s Physician’s Orders to Ensure the Health and Well-Being of the Resident

In a summary statement of deficiencies dated 06/04/2015, a complaint investigation was opened against the facility for its failure to “obtain physician’s orders [to treat the resident’s medical condition] at the time she was admitted. This contributed to her not receiving a medication to prevent blood clots until nearly 48 hours after her admission to the facility.” This deficient practice meant that over 55 hours had elapsed between the resident’s doses instead of receiving the medication every 24 hours as prescribed by her doctor.

Failing to provide minimum standards of care can directly harm a resident at the facility and is in direct violation of state and federal regulations. The deficient practice does not follow the guidelines, procedures and protocols adopted by the facility and could be considered negligence or maltreatment.

Failure to Follow Protocols to Ensure Infection Is Not Spread throughout the Facility

In a summary statement of deficiencies dated 12/10/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “to ensure and maintain an environment free of the potential development and transmission of diseases and infections.” This deficient practice was observed through evidence “by co-mingling of clean and dirty linens in the laundry area where two washers and one dryer were in use in the same room; the use of proper handwashing technique of staff before and after resident care and medication administration; to include glucometers and blood pressure cuffs.”

Failure to follow established protocols and procedures places the health of every resident in the facility at risk for the spread of infection, which directly violates policies established and enforced by federal and state nursing home regulators. Elder abuse attorneys recognize that the deficient practice might be considered negligence, especially if it can be proven that residents in the facility suffered actual harm.

Failure to Follow Protocols, Procedures and Policies in Accordance with Every Resident’s Written Plan of Care

In a summary statement of deficiencies dated 02/13/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “follow the plan of care as written by not providing insulin coverage, not monitoring or documenting blood sugar results per physician’s orders [for two residents at the facility reviewed for unnecessary medication use].”

This deficient practice involved two residents of the facility with Percutaneous Endoscopic Gastrostomy (PEG) [who were] observed during medication administration, and [2 other residents reviewed] for pain medicine [where the] failures have the potential to impact the well-being of the [affected] residents.

Our nursing home lawyers understand that any failure to follow protocols when administering medication and monitoring or documenting blood sugar results could potentially cause significant harm to the resident and be considered negligence by caregivers. Additionally, the deficient practice is in direct violation to the rules and procedures established and enforced by state and federal agencies in charge of nursing homes.

Failure to Immediately Notify the Resident’s Doctor of a Serious Decline in Their Medical Condition That Jeopardizes Their Health and Well-Being

In a summary statement of deficiencies dated 08/04/2015, a complaint investigation was opened against the facility for its failure to “notify the health care provider of respiratory changes in [a resident’s condition who requires] respiratory care.” The deficient practice has the “potential to affect 11 residents receiving respiratory care during the time of the survey.”

The complaint investigation was initiated in part because of an incident where a resident “had a coughing episode after she was fed apple sauce by the family. [The resident] was not cleared to eat yet by the MD, since she has a PEG and [other medical condition], the respiratory therapist stated.” Even though the resident had the episode, the respiratory therapist on duty “acknowledged she did not call the medical doctor (MD) on [backdate] after [the resident] had experienced a coughing episode requiring clearance of the [resident’s] site via ambu bag.”

Failing to provide notification to a resident’s change in condition has the potential of causing serious problems to the health and hygiene of the resident. Our Fort Lauderdale/Miami area nursing home abuse attorneys understand any deficient practice that harms the patient might be considered negligence of mistreatment.

Failure to maintain accurate and complete medical records meeting professional standards to assist ER doctors when the resident was transferred to the hospital

In a summary statement of deficiencies dated 02/26/2015, a complaint investigation against the facility was opened for its failure to “to ensure that resident medical records were accurate for documentation of administration of ‘as needed’ medication for [a resident who was] sampled for unnecessary medications.” The complaint investigation was initiated because of 02/11/2014 incident involving a second-floor resident who was observed by the Assistant Director of Nursing (ADON) in the resident’s room, “close to the bed face down. [The ADON] assess the patient, there was blood on her lip. He called the doctor and the doctor ordered to transfer the resident to the nearest hospital.”

Before the incident occurred, the resident was reported to have been in the dining room in a very confusing agitated state, and though she was not hitting people she extended her arms attempting to reach people. When a CNA (certified nursing assistant) reported the incident to the nurse, the nurse gave the resident two medications “and ordered the CNA to put the resident to bed.” However, the nurse reports “she did not document [any reference] on the T.O. or nurse’s notes that the medications were reviewed with the doctor upon the resident’s admission.”

The deficient practice of not following protocols to ensure that all documents involving a resident’s medications could potentially cause significant harm to the resident in emergency situations. Our team of dedicated nursing home abuse attorneys recognize that this failure might be considered negligence by the medical staff.

Failure to Follow Proper Protocols When Admitting Residents to the Facility That Potentially Jeopardized the Health and Well-Being of One Resident

In a summary statement of deficiencies dated 03/05/2015, a state surveyor made a notation during an annual licensure and certification survey concerning the facility’s failure to “to provide necessary care and services to attain and maintain the highest practical physical, mental and psychosocial well-being for [the resident at the facility].” This deficient practice was “evidenced by [the] failure to communicate with the physician to verify orders for medication in a timely manner.”

An interview conducted with the Director of Nursing (DON) at 11 AM on 03/05/2015 and a side-by-side review of [the resident’s medical] record where the DON stated, “I cannot find any evidence of the medications being given in the hospital. I cannot validate even based on the Medication Administration Record that they were given. In an interview with the Director of Nursing and Administrator later that afternoon “confirm the findings and stated the facility will put formal interventions in place.” However, these interventions occurred more than 30 days after the resident was admitted to the facility.

Any failure to obtain the resident’s medical record at the time of being transferred from the hospital to the nursing facility could place the health and well-being of the resident in danger. Our elder abuse attorneys recognize that delaying the acquisition of the resident’s medical records while in the hospital for more than 30 days might be considered gross negligence.

Failure to Provide Minimum Level of Skilled Nursing Care That Meet Professional Standards

In a summary statement of deficiencies dated 06/19/2015, a complaint investigation was opened against the facility for its failure to “to provide timely monitoring and implementation of interventions to meet the resident’s needs during a significant decline in neurological functions requiring immediate emergency medical services after a fall.” This deficient practice caused actual harm to the resident where the fall resulted in head injuries.

After the fall, the resident “responded slowly to verbal commands, both pupils had a sluggish reaction to light and his blood pressure was high. [The Licensed Practical Nurse (LPN) on duty] informed the RN/charge nurse, Unit Nurse and also called the physician again, but the physician did not call back. Upon inquiry, the nurse stated she did not increase the frequency of the neurological assessment.” The Licensed Practical Nurse on duty returned to the resident’s room one hour later, noting “his blood pressure had further increased and was still high. The resident was not responding to verbal stimuli and vomit was noted.” In an attempt see if the resident could respond, the LPN performed a “sternal rub” where the resident responded by opening both eyes.

The nurse’s notes indicate that the charge nurse on duty did not call 911 for this ailing resident stating that they had called 911 earlier for another resident “who had complained of chest pain and they took [this resident] to the ER because this resident’s condition was critical.

Our Fort Lauderdale nursing home attorneys provide a basic standard of care might be considered negligence or mistreatment of the resident because it directly violates state and federal regulations.

Failure to Provide Residents Medications as Ordered by Their Physician to ensure their Health and Well-Being

In a summary statement of deficiencies dated 09/01/2015, a complaint investigation against the facility was opened for its failure to “to administer medications as ordered and failed to communicate with the physician for medications that were not administered as ordered.” This deficient practice directly affected two residents at the facility. A review by the investigator of the facility’s Progress Notes indicates that the resident missed a dose of Heparin at 10 PM on 07/04/2015 with no indications of why the medication “was not given or if the physician was notified.”

This deficient practice could have placed the health and well-being of the resident in danger and does not follow the established procedures and protocols adopted by the facility. In addition, the failure directly violates state and federal regulations.

Failure to Ensure That the Drug Regimen of Every Resident Is Free of Unnecessary Medications to Promote Their Highest Well-Being

In a summary statement of deficiencies dated 01/15/2015, to ensure that consistent documentation was maintained for monitoring behaviors and adverse reactions related to [the condition of two residents who were reviewed for] unnecessary medications.” A review by the state investigator of the facility’s MAR/Behavioral Monitoring Record showed that “there was no monitoring of side effects or effectiveness of hypnotic medication [and other medications given to the residents].”

This deficient practice directly violates protocols and procedures established by federal and state agencies in charge of monitoring and regulating nursing facilities throughout the state.

Failure to Provide Adequate Supervision to Ensure the Resident Does Not Elope or Wander Away from the Facility without Notice

In a summary statement of deficiencies dated 09/30/2015, a notation was made during an annual licensure and certification survey by a state investigator concerning the facility’s failure to “to ensure to adequately assess and supervise residents who ambulate including those who are an elopement risk for two residents who were ambulatory [and] reside in the facility that are an elopement risk.”

This deficient practice was noted because of an incident where a resident’s assigned CNA (Certified Nursing Assistant) noticed that the resident was asleep in his room at 7 AM during her rounds. A nurse at the facility noted the resident sleeping at 7:15 AM. However, by 8:15 AM, both the CNA and the nurse “saw the resident ambulating on the unit. [The resident] was served breakfast in the bistro. At 9:30 AM the nurse administered medication to [the resident and] at 10:40 AM, the physical therapist went to the resident’s room to do an evaluation.”

However, the physical therapist noticed that the resident was not in his room nor in the bathroom and immediately notified the nursing staff. The resident was reported missing at 10:45 AM and was eventually found “walking on the sidewalk [by the administrator] driving through the area along West Dixie Highway.”

Failure to provide an environment free of elopement or wandering directly violates the rules, regulations and protocols adopted by the facility. Our Fort Lauderdale elder abuse attorneys recognize that this deficient practice of not providing adequate supervision could be considered mistreatment or negligence by the nursing staff, supervisors and administration.

In a summary statement of deficiencies dated 06/26/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “to accurately assess and monitor a resident’s wound.” This deficient practice was noted because the 04/29/2015 plan of treatment summary that was signed by the hospice Medical Director indicating that the resident suffers a pressure ulcer on the sacrum area does not coincide with the facility’s plan of care where the Director of Nursing who states that the resident “does not have a pressure ulcer.”

The state surveyor conducted an interview with the nurse in charge of the resident on 06/26/2015 who stated “the resident’s wound to the buttocks opens and closes. [The nurse] revealed, the wound is healed, but was unable to state when the wound open and when it closed.”

Failing to maintain accurate records could place the health and well-being of the resident in jeopardy. The deficient practice might be considered negligence in providing care to the resident.

Failure to Honor the Rights of the Resident to Ensure They Remain Free of Coercion and Reprisal

In a summary statement of deficiencies dated 12/18/2015, a notation was made by a state surveyor during an annual licensure and certification survey involving the facility’s failure to “allow a [resident] to exercise her rights as a resident of the facility and as a citizen or resident of the United States. The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising [her] rights.” The deficient practice was noted because of an incident where a resident “requested have a thermostat lockbox removed in order for her to adjust her own temperature in the room and she was denied the right to adjust the temperature to her comfort needs.” As a result of refusing to allow the resident access to the thermostat, the resident has “spent numerous days, nights and weekends in unbearable state of undesirable discomfort.”

Additionally, a review of the facility’s grievance law from January 2015 until it is review on 12/18/2015 indicated that “no grievance was ever filed on behalf of [the resident] concerns regarding the locked thermostat box.

The failure to provide the resident independence and freedom of self determination directly violates policies established and adopted by the facility that indicates “all concerns and comments be recorded on the grievance/concern/comment log.” Our nursing home abuse attorneys understand that all residents must be given the same dignity and respect as any other human being and that any failure to do so could be considered abuse.

When Abuse or Neglect Occurs in a Nursing Facility

Many families sometimes face challenging decisions when parents and grandparents enter the later years of their lives. Depending on their mental or physical capacity of the elderly individual, families might have no other option than to hire home care assistance or place a loved one in a nursing facility in the local community. Making the choice of how to care for the elderly loved one is never an easy one.

Sadly, there is a statistical rise in the number of cases involving abuse and neglect in the US. Elder mistreatment, neglect or abuse often places the victim at serious risk of harm due to a lack of quality care to satisfy the elder’s health and hygiene requirements or outright physical harm caused by an attack.

The indicators of elder abuse are often missed by professionals due to a lack of training or the ability to detect signs of abuse. In many situations the elderly individual is reluctant to report a case of abuse themselves due to their fear of some form of retaliation or because they lack the cognitive ability to describe what happened.

Signs of Abuse and Neglect

The most common signs and indicators of abuse on the elderly in nursing facilities will involve:

Physical Abuse that often involves an infliction of physical injury or pain that might include bruising, slapping, or restraining the resident by chemical or physical means.

Sexual Abuse that often involves non-consensual sexual contact of any type.

Neglect that often involves some type of failure of the nursing staff where administration to provide necessary food, healthcare, shelter or protection of the vulnerable resident

Emotional Abuse that sometimes includes an infliction of mental pain, distress or anguish often delivered through non-verbal or verbal actions including intimidation, humiliation or threatening.

Abandonment that often involves deserting the vulnerable elder or not taking responsibility for the custody or care of the individual.

Exploitation that often involves illegally misusing, taking or concealing the resident’s property, funds or assets.

Steps to Take If You Suspect Abuse or Neglect

If you suspect your loved one has been neglected or abused by the nursing facility, it is essential you take immediate action. If possible, verify the loved one story, consider transferring them to another facility and most importantly inform the authorities. Many families hire a Fort Lauderdale civil attorney specializing in personal injury, medical malpractice and nursing home abuse cases.

The Fort Lauderdale nursing home abuse attorneys at Rosenfeld Injury Lawyers LLC have represented many nursing home residents who have been victims of physical, verbal or sexual abuse, consumer fraud, false imprisonment and financial exploitation. Our Southeast Florida nursing home attorneys can institute a lawsuit on your behalf based on negligence, mistreatment or abuse to hold those responsible and seek financial compensation. We urge you to make contact with us today by calling (888) 424-5757 to schedule your free no obligation consultation.

For additional information on Florida laws and information on nursing homes look here.

If you are looking for information on a specific facility or an attorney, please see links below to respective locality pages.